Dwight A. Williams v. Middlesex District Attorney's Office (SPR 20251778)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records July 3, 2025 SPR25/1778 Meagan Horn, Esq. Assistant District Attorney Middlesex District Attorney’s Office 15 Commonwealth Avenue Woburn, MA 01801 Dear Attorney Horn: I have received the petition of Dwight A. Williams, Sr. appealing the response of the Middlesex District Attorney’s Office (Office) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On May 14, 2025, Mr. Williams requested “…an unredacted copy of all records and documents related to the October 1, 2005, Homicide Investigation of [an identified individual], in Medford, Massachusetts[.]” The Office responded on June 4, 2025. Unsatisfied with the Office’s response, Mr. Williams petitioned this office and this appeal, SPR25/1778, was opened as a result. The Public Records Law The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § 10A(d); 950 C.M.R. 32.03(4). “Public records” is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any agency or municipality of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). It is the burden of the records custodian to demonstrate the application of an exemption in order to withhold a requested record. G. L. c. 66, § 10(b)(iv); 950 C.M.R. 32.06(3); see also Dist. Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) (custodian has the burden of establishing the applicability of an exemption). To meet the specificity requirement a custodian must not only cite an exemption, but must also state why the exemption applies to the withheld or redacted portion of the responsive record. One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832 • Fax: (617) 727-5914 sec.state.ma.us/pre • pre@sec.state.ma.us

Meagan Horn, Esq. SPR25/1778 Page 2 July 3, 2025 If there are any fees associated with a response, a written, good faith estimate must be provided. G. L. c. 66, § 10(b)(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. The Office’s June 4th Response In its June 4, 2025 response, the Office stated: We understand your request to refer to the incident underlying Commonwealth v. Dwight Williams, Docket No. 0581CR01625, in which you are the defendant… [a] review of our records reveals that on July 19, 2022, your attorney … requested from our office ‘any and all records contained by the Middlesex District Attorney’s Office file for Commonwealth v. Dwight Williams.’ The responsive records were provided … on a rolling basis in 2023, with the final batch provided in May of that year, totaling 245 files. Where we have already produced all records responsive to your request to your representative, we will not produce an additional copy in response to your current request… Current Appeal In his appeal petition, Mr. Williams states, “the Middlesex District Attorney’s Office… [is] refusing to comply with the Public Records Law related to my request.” This office has reviewed the docket of the trial court and verified that the requested records are the subject of active and ongoing litigation in Middlesex County Superior Court. See Commonwealth vs. Dwight Williams (Superior Court Docket No. 0581CR01625). Pending Litigation 950 C.M.R. 32.08(2)(b) provides in pertinent part: the Supervisor may deny an appeal for, among other reasons if, in the opinion of the Supervisor: 1. the public records in question are the subjects of disputes in active litigation, administrative hearings or mediation. In light of the pending litigation, I decline to opine on this matter at this time. See 950 C.M.R. 32.08(2)(b). Please note that a change in the status of this action could impact the applicability of 950 C.M.R. 32.08(2)(b).

Meagan Horn, Esq. SPR25/1778 Page 3 July 3, 2025 Sincerely, Manza Arthur Supervisor of Records cc: Dwight A. Williams, Sr.